Duterte lawyer asks Marcos admin to bring him home, victims see familiar 'drama'
MANILA, Philippines — Former President Rodrigo Duterte's lead counsel has urged the Marcos administration to allow the former leader to return to the Philippines and be temporarily released here, claiming his "deteriorating" health has made him struggle to guide his defense at the International Criminal Court.
Defense lawyer Nicholas Kaufman said on Tuesday, September 9, that Duterte's medical condition has progressively worsened since his detention, affecting "his ability to assimilate the evidence and to give his lawyers proper instructions."
"The Defence sincerely hopes that the current administration, which sought fit to outsource its obligation to afford the former President a fair trial in the country of his birth, will now let him return home to face whatever judicial process is necessary, if at all, with dignity," Kaufman said, adding that this would serve as the former leader's interim release until the legal proceedings at the ICC conclude.
Kaufman's remarks come after the ICC's pre-trial chamber — in a decision Monday — postponed Duterte's September 23 confirmation of charges hearing indefinitely to determine whether the 80-year-old is fit to participate in proceedings.
The postponement followed a defense motion filed August 18, claiming Duterte was mentally or physically unable to participate in the proceedings and requesting that "all legal proceedings, including the hearing on the confirmation of charges, be adjourned indefinitely."
Kaufman on Tuesday stressed the defense's medical assessment of Duterte was "supported by leading medical experts, including one not selected by the Defence," though he provided no details about the experts or their findings.
He described Duterte's alleged health decline as linked to what he called his "precipitous and traumatic rendition" to ICC custody.
While Duterte "remains in good spirits," Kaufman said "his age and the conditions of detention have taken their toll on him."
The ICC ruled 2-1 to postpone the hearing so it could rule on the fitness question, with Judge María del Socorro Flores Liera dissenting and arguing the court should have proceeded rather than delay proceedings.
The ICC prosecution had opposed the indefinite delay but accepted a short adjournment. The Office of Public Counsel for Victims also opposed indefinite postponement.
Victims' lawyers cry foul
But lawyers representing the victims of killings during Duterte's drug war do not believe the health claims, and instead, see them as calculated theater on the part of the former president.
Duterte's conditions while in ICC custody have been the subject of disinformation in recent months, including manipulated photos that show him severely emaciated — images his daughter, Vice President Sara Duterte, have had to publicly debunk.
In a statement on Monday, Kristina Conti and Neri Colmenares of the National Union of Peoples' Lawyers, accused the former president of using "drama and antics of obfuscation" to delay his trial.
"Duterte is notorious for drama and antics of obfuscation. And Filipinos have seen this tactic one time too many," the NUPL statement read. "We will not fall for a desperate, time-worn, and calculated ploy to paint himself aggrieved."
Conti and Colmenares, both of whom represent victims through Rise Up for Life and for Rights, said victims were "dismayed" by the postponement and "eager to join the proceedings, in the hope that they can finally attain justice."
Based on the records of the ICC Registry, at least 303 alleged drug war victims have signified their intent to participate in the pre-trial proceedings against Duterte. At least four are personally being protected as witnesses by the justice department, which Secretary Jesus Crispin Remulla confirmed yesterday.
"Fitness for trial is a factual matter that can and should be decided soonest, so that trial on the merits can proceed," the statement read.
"If Duterte is feeling ill or not his usual strongman self, he could actually waive his right to be present at the hearing, per Rule 124 of the ICC Rules of Procedure and Evidence, and assign his lawyer to represent him," it added.
The victims' lawyers said they would coordinate with the Office of the Public Counsel for Victims "to push for the resetting of the hearing soonest, and for any other available remedies."
Fear of retribution. In June, victims of extrajudicial killings opposed Duterte's earlier bid for interim release, warning that freeing him could endanger their lives as they prepare to testify against the former president.
The victims told the ICC that Duterte's release "will pose a direct and significant danger to the victims who have demonstrated courage in applying to participate in the present proceedings."
They argued his enduring political power — evidenced by his recent reelection as Davao City mayor and his daughter's position as vice president — makes him a continuing threat to those testifying against him.
Duterte is accused of the crime against humanity of murder spanning November 2011 to March 2019, specifically his alleged role in at least 43 killings tied to the Davao Death Squad and police operations during his presidency.
While official figures put the drug war's death toll at 6,000, human rights groups estimate up to 30,000 were killed, many of them small-time users and pushers whose families are now seeking justice at The Hague.
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